The condition of dying with a legally valid will that disposes of at least some of the decedent's property. A person who dies testate has executed a will meeting statutory requirements, providing for distribution of their estate according to their expressed wishes rather than intestacy laws.
Testate means you die with a valid will. If you die testate, your property goes to the people named in your will, not according to the default rules for people who die without a will (intestate).
⏱ When you'll encounter this term
- Initial probate court filings and petitions
- Determining which laws govern estate distribution
- Distinguishing between testate and intestate proceedings
- Estate administration documentation
"Mum died testate with a will leaving everything to charity. Even though we're her children, we got nothing because she had a valid will directing otherwise. If she'd died intestate, we would have inherited under state law."
⚖️ Compare: Testate vs Intestate
Died with valid will. Estate distributed per will provisions. Testator controls distribution. Executor named in will.
Died without valid will. Estate distributed by law. State controls distribution. Court appoints administrator.
💡 Did you know?
You can die partially testate—having a valid will that covers some but not all of your property. The property covered by the will distributes according to the will, while anything not mentioned in the will distributes according to intestacy laws.